Vikas S/O. Sahebrao Sable vs The State Of Maharashtra
2021 Latest Caselaw 8130 Bom

                                      1           Cri-Appln-487-2020.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 487 OF 2020
                                    IN
                      CRIMINAL APPEAL NO. 104 OF 2020

 Vikas Sahebrao Sable                                ... Applicant
       Versus
 The State of Maharashtra                            ... Respondent
                                 ....
 Mr. J. V. Deshpande, Advocate h/f Mr. B. N. Magar, Advocate for the
 applicant
 Smt. Geeta L. Deshpande, APP for the respondent-State
                                 ....

                                  CORAM : R. G. AVACHAT, J.

DATED : 19th JUNE, 2021

PER COURT :-

. This is an application for suspension of substantive

sentence of imprisonment passed vide judgment and order dated

28.11.2019, passed by the learned Special Judge, Beed in Special

Case (POCSO) No.21 of 2017. The applicant has been convicted for

the offence punishable under Sections 6 of the Protection of Children

from Sexual Offences Act, 2012 and sentenced to suffer rigorous

imprisonment for 10 years and fine of Rs.500/-, in default of

payment of fine, he shall suffer simple imprisonment for 7 days and

also convicted for the offence punishable under Section 363 of the

1 of 3

2 Cri-Appln-487-2020.doc

Indian Penal Code, 1860 and sentenced to suffer rigorous

imprisonment for three years and fine of Rs.500/-, in default of

payment of fine, the applicant shall suffer simple imprisonment for 7

days.

2. Heard. Perused the impugned judgment and the relevant

evidence relied upon.

3. It appears to be a case of emotional involvement. The

father of the victim testified that he had given the date of birth of the

victim as 09.02.2002 for her admission in Anganwadi. While for

admitting in first standard, he gave her date of birth as 04.09.2003.

In his cross examination, he deposed that he is unable to give the

date of birth of any of his three children. It is also in his evidence

that the date of birth of the victim was not recorded in the record of

Nagryachi Wadi Grampanchayat. The witness was examined in proof

of entry in the Anganwadi record. The witness testified that said

entry was made on the basis of entry in the birth register maintained

by the Grampanchayat of Nagryachi Wadi. It is reiterated that the

father of the victim has stated that her birth was not recorded in the

register maintained with Nagryachi Wadi Grampanchayat. The

Radiologist gave the age of the victim in between 19 - 20 years. The

2 of 3

3 Cri-Appln-487-2020.doc

applicant is 25 years of age. He has been behind the bars since

28.11.2019. The appeal is not likely to come up for hearing in near

future.

4. In the aforesaid backdrop, it is desirable to grant the

application.

5. The application is, therefore, allowed in terms of prayer

clause (B).

6. Pending the appeal, the substantive sentence imposed by

the trial Court is suspended. The applicant be released on bail on his

executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen

Thousand) with surety bond in the like amount.

7. Bail before the trial Court.

[ R. G. AVACHAT, J. ]

SMS

3 of 3